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Gertie Lee Anderson Appellant
vs.
David Doth Commissioner of Human Services Respondent.
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Issues:
urinalysis test, cocaine and alcohol abuse
Case Summary:
Gertie Lee Anderson appeals a state review board's ruling that denied her full discharge from the Minnesota Correctional Facility. She was sentenced there after pleading guilty to assaulting a security officer with a knife when he tried to apprehend her for shoplifting. After the arrest, she was diagnosed with a variety of mental disorders, including substance abuse dependency. Anderson petitioned the Commissioner of Human Services for a full discharge. Her request was denied.
Decision of lower jurisdiction:
The Commissioner of Human Services' judicial appeal panel ruled against Anderson, despite evidence that she had completed a chemical dependency course and a relapse prevention plan. A court-appointed examiner recommended discharge under a supervised release program. Nevertheless, her petition was dismissed. She now appeals
Outcome:
Anderson loses. The Court of Appeals of Minnesota affirmed the judicial panel's ruling, noting that Anderson could not return to society without supervision.